Amendment Number Two to the New York Stock Exchange, Inc. Long Term Incentive Deferral Plan
This amendment, effective May 1, 2001, modifies the New York Stock Exchange, Inc. Long Term Incentive Deferral Plan. It states that after this date, participants can no longer defer any portion of a Performance Award or have deferred amounts credited to their Deferred Compensation Accounts under the plan. The amendment was authorized by the NYSE Board of Directors and executed by the Executive Vice President of Human Resources.
Exhibit 10.40
AMENDMENT NUMBER TWO
TO THE
NEW YORK STOCK EXCHANGE, INC.
LONG TERM INCENTIVE DEFERRAL PLAN
WHEREAS, the New York Stock Exchange, Inc. (NYSE) maintains the New York Stock Exchange, Inc. Long Term Incentive Deferral Plan, effective as of August 1, 1997 (the Plan);
WHEREAS, NYSE may amend the Plan by action of its board of directors (the Board) or a person designated by the Board; and
WHEREAS, the Board deems it advisable to amend the Plan.
NOW, THEREFORE, pursuant to Section 10 of the Plan, the Plan is hereby amended, effective May 1, 2001, as follows:
1. Section 4(a) is amended by adding the following sentence at the end thereof:
(d) Notwithstanding any other provision in the Plan to the contrary, effective May 1, 2001, no portion of any Performance Award may be deferred and no Deferred Amounts shall be credited to a Participants Deferred Compensation Account under the Plan after May 1, 2001.
IN WITNESS WHEREOF, the undersigned has caused this Amendment to be executed this 13th day of August, 2001.
| NEW YORK STOCK EXCHANGE, INC. | |
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Frank Z. Ashen | By: | /s/ Frank Z. Ashen |
Executive Vice President |
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Human Resources | Title: Executive Vice President Human Resources |